
In 2023, the New Jersey Anti-Bullying Task Force released a report revealing an alarming increase in harassment, intimidation, and bullying (HIB) levels in the state’s schools. The report showed that during the 2021-2022 school year, 7,672 HIB incidents were confirmed, with a total of 19,138 investigations reported. Contrary to popular belief, bullying isn’t just a problem that affects children on playgrounds or in school hallways; it’s an issue that follows many into adulthood, infiltrating workplaces. According to the 2024 WBI U.S. Workplace Bullying Survey conducted by the Workplace Bullying Institute, 32.3% of adult Americans report being directly bullied, which extrapolates to an estimated 52.2 million workers across the country.
Regardless of age or location, the impact of bullying is equally devastating. Children who are bullied often face significant physical, social, emotional, academic, and mental health challenges. They are more likely to experience depression and anxiety, increased feelings of sadness and loneliness, changes in sleep and eating patterns, and a loss of interest in activities they once enjoyed. For adults, the pain of bullying is just as real and lasting. In the workplace, it can cause emotional and psychological distress—sleepless nights, anxiety, depression, physical ailments, and, in extreme cases, work-related suicide.
Thankfully, society has shifted toward empowering victims through legal protections and holding perpetrators accountable. Gone are the days when fighting bullies meant navigating schoolyard altercations or surviving the oppressive atmosphere of toxic environments. Today, thanks to progressive legislation like New Jersey’s Anti-Bullying Bill of Rights Act (ABR), victims of bullying in schools have a legal framework to fight back and seek justice. While harassment, intimidation, and bullying in schools is unlawful in New Jersey in all shapes and forms, certain types of harassment, intimidation, and bullying also violate the New Jersey Law Against Discrimination (LAD), which is enforced by the New Jersey Division on Civil Rights.
Bullying in the workplace isn’t illegal, but when someone is bullied because they have a protected characteristic, that behavior becomes harassment, which is where LAD comes into play. LAD forbids harassment based on bias, sexual harassment, and quid pro quo harassment that creates a hostile work environment. This law enables individuals to file claims for workplace harassment if the bullying they endured was rooted in a protected trait, such as race, gender, or religion.
So, how can you fight back?
Fighting Back Against the Schoolyard Bully
- Formally Report All Instances of Bullying to the School.
Parents documenting instances of bullying in school is the first critical step in ensuring that the bullying is addressed effectively and in accordance with NJ state law and school policies. Reporting these incidents is vital because schools often attempt to avoid responsibility by asserting that they were unaware of the bullying or had no reasonable way of knowing it was occurring. Be sure to record all key details, including who was involved, what occurred, where the incident occurred, and when it happened. Collecting evidence, like screenshots, videos, and witness accounts, can also help provide a clear picture of the situation and support a formal report.
New Jersey law also requires each school to appoint an anti-bullying specialist to investigate HIB reports and serve as the primary school official responsible for preventing, identifying, and addressing such incidents. An investigation must be initiated within one school day of receiving a report, and the investigation, led by the anti-bullying specialist, must be completed within ten school days.
- Reach out to an Attorney Specializing in Bullying and Civil Rights.
An experienced attorney can help determine if you or your child have a valid cause of action against the individual responsible for bullying and/or the school district. They will guide you through filing a formal complaint if necessary and ensuring that your child’s rights are protected, and appropriate action is taken.
- File a Lawsuit.
Filing a lawsuit may be necessary to get a resolution. While harassment, intimidation, and bullying in schools is unlawful in New Jersey in all shapes and forms, certain types of harassment, intimidation, and bullying violates the New Jersey Law Against Discrimination (LAD). The LAD prohibits most schools from discriminating against students based on race, creed, color, national origin, ancestry, nationality, sex, sexual orientation, gender identity or expression, or disability. However, the LAD does not apply to schools operated or maintained by a legitimate religious or sectarian institution.
Workplace Bullying: Battling the Bully at the Desk
- Confront the Behavior and the Bully.
If you’re experiencing bullying and harassment at work, inform the harasser that their behavior is unwelcome and needs to stop. If you don’t feel comfortable doing this alone or feel uneasy confronting the individual, report it to your manager or HR as soon as possible. It is perfectly acceptable to ask for help in addressing the situation.
- Report all Instances of Harassment, Intimidation, and Bullying to Human Resources.
Human Resources is supposed to be responsible for addressing harassment, intimidation, or bullying in the workplace and ensuring a safe and respectful work environment for all employees.
Documenting the situation can help HR ensure the most appropriate actions are taken. Therefore, before making an official report, collect evidence documenting the incidents; this can include emails, texts, witness accounts, and any other information that will help provide a clear picture of the situation and substantiate your report. Make sure to include what happened, the date and time, the names of anyone involved, and the names of anyone who witnessed the incident.
Reporting harassment and bullying in the workplace helps protect your well-being and prevents further incidents for yourself and your colleagues.
- Get a Restraining Order Under VASPA.
The New Jersey Victim’s Assistance and Survivor Protection Act (VASPA) provides stalking and cyber-harassment victims with access to protective orders against strangers or non-familial, non-romantic partners who are targeting them. Victims have a critical tool to protect themselves against behavior that may escalate and become threatening – in and out of the workplace.
A Court can issue temporary or final protective orders to victims, regardless of their current or prior relationship status to the abuser, for 4 specific offenses: stalking, cyber-harassment, sexual assault, and criminal sexual contact. This can mean abusers who are supervisors or co-workers in employment situations.
- Reach out to an Attorney Specializing in Workplace Bullying, Harassment, Employment, and Civil Rights.
An experienced attorney can help assess whether you have a valid case against the individual responsible for the bullying and/or the company. They will prioritize protecting you from discrimination, harassment, and other forms of workplace harassment and can assist with reporting or addressing any retaliation. They will also help you navigate the legal process, including filing a formal complaint in the appropriate court and jurisdiction, if necessary.
Bullying is no joke, and if you’re facing it, you deserve help. Remember, you don’t have to go through this alone. If you need support, text CONNECT to 741741 for free, confidential, 24/7 mental health assistance. You can also dial 988 for immediate help. With the proper support, awareness, and action, it’s possible to create a safer and more respectful environment.
Briana Louro is a second-year law student at New York Law School, with a strong passion for International and Domestic Corporate Law. She is a member of the Legal Association for Women and is also an advocate for raising awareness of bullying and autism.